Joshua D. Rievman, a partner of the firm, specializes in the litigation and arbitration of commercial disputes. He has successfully represented clients in jury and non-jury trials in New York State and federal courts, in state and federal appellate proceedings and in arbitration. Mr. Rievman also counsels employers and employees with respect to employment-related issues and represents clients in licensing transactions.
Mr. Rievman represents clients on a broad range of issues, including litigations, arbitrations and actions for injunctive relief arising out of a wide variety of domestic and international commercial transactions, breach of contract, breach of fiduciary duty, products liability, unfair competition, intellectual property, securities, partnerships, banking transactions, professional sports contracts, high technology and bankruptcy. From 1999 to 2000, Mr. Rievman was a partner of Coudert Brothers, and was an associate there from 1990 to 1998. At Coudert Brothers, Mr. Rievman represented European, Asian and US clients in the litigation and arbitration of commercial disputes.
Mr. Rievman is the firm’s representative to Legus, the international network of law firms, a member of its marketing committee and a frequent speaker at its conferences. Mr. Rievman is also a member of the Congress of Fellows of the Center for International Legal Studies. Mr. Rievman regularly speaks on issues related to the litigation and arbitration of international and
domestic commercial disputes. His recent speeches have included “Licensing of IP Rights: Issues and Considerations for Drafting and Litigation;” “Discovery in the United States In Aid of Foreign Litigation Pursuant To 28 U.S.C. § 1782” and “How the Creep of United States Litigation-Style Discovery and Appellate Rights Affects the Efficiency and Cost-Efficacy of Arbitration.”
Mr. Rievman is the author of “Is the Door Open to United States Discovery in Aid of Foreign Arbitration Proceedings” published in International Dispute Resolution, Comparative Law Yearbook of International Business, 2010 (Wolters Kluwer, 2010).
He is admitted to practice before the courts of the State of New York and Connecticut, the US District Courts in and for the Southern, Eastern and Northern Districts of New York, and the US Court of Appeals for the Second Circuit.
Mr. Rievman graduated from Duke University, cum laude, in 1986 and from Boston College Law School, cum laude, in 1990 where he was the Executive Editor of the Boston College Environmental Affairs Law Review, in which he published, “Judicial Scrutiny of Native American Free Exercise Rights: Lyng and the Decline of the Yoder Doctrine”, 17 B.C. Envtl. Aff. L. Rev. 169 (1989).
Josh solicited questions from the attendees in advance and selected seven diverse topics such as marketing plans, division of extraordinary revenue among partners, associate training and compensation and cost effective e-discovery for small firms. He offered his insight into these challenges and led a discussion about each.
On March 23, 2016, Senior Judge Norman A. Mordue of the United States District Court for the Northern District of New York granted summary judgment to our client New York State Housing Finance Agency (“NYSHFA”), along with two other defendants, dismissing with prejudice all of plaintiffs’ claims in Onondoga Hilltop Homes, Inc. et al v. Syracuse Housing Authority et al, 5:12-CV-626 (NAM/ATB). Plaintiffs had sued under Section 8 of the Housing Act claiming that under they were entitled to automatic annual rent increases, and that defendants’ failure to provide them was a breach of the Housing Assistance Payments Contract (“HAP Contract”) between them and NYSHFA. Judge Mordue also denied plaintiffs’ motion for summary judgment. Judge Mordue ruled that NYSHFA did not breach the HAP Contract by failing to provide annual adjustments in contract rents because plaintiffs failed to request such adjustments, which were required by a rider to the HAP Contract. Judge Mordue held that the rider was a part of the HAP Contract and that its requirement for a request created a condition precedent to any obligation of NYSHFA. Finally, Judge Mordue ruled that enforcing this condition precedent did not result in a disproportionate forfeiture because the contract rents that plaintiffs received were always greater than the fair market rents published by HUD.
On March 16, 2016, Josh Rievman presented, “New York as an Ideal Place to Litigate International Disputes: The Success of the Commercial Division” at the Centre for International Legal Studies‘ Lawyering in the International Market conference in St. Johann, Austria.
A ruling by a New York Supreme Court justice in a trademark licensing dispute between the founding families of The Palm Restaurant chain has cleared the way for a trial in a lawsuit seeking nearly $80 million in royalties and damages.
Read Hoguet Newman Regal & Kenney, LLP’s full press release on the Palm Restaurant trademark case.
As set forth in a December 15, 2015 order, we won summary judgment for investment bank/strategic advisory firm Marlin & Associates Holding LLC in an action to recover an investment banking fee and other contractual payments from telecommunications provider Perseus Telecom Limited. Marlin & Associates Holding v. Perseus Telecom Limited, Index No. 652498/2015 (New York County, Oing, J.).
HNRK partner Josh Rievman facilitated a panel on Perspectives on Licensing Transactions Across Legal Markets: Negotiation, Regulation and Dispute Resolution at the Legus Annual Meeting in Rome, Italy in June. As part of the panel, Mr. Rievman made a presentation on the negotiation of license agreements and litigation of license disputes in the United States.
HNRK has been an active member of Legus, the international network of law firms, for ten years.